75-Year Old Cyclist Killed in Crash with Driver of Motor Vehicle in Cicero

75-year-old cyclist, Efren Avitia, was killed in a crash in near west suburban Cicero on Friday, November 13, 2020. According to a Chicago Sun-Times article, the victim was struck by a vehicle when he was biking near 31st Street and Austin Boulevard at about 10:00 a.m. The victim was transported via ambulance from the scene of the crash to Northwestern Memorial Hospital where he was pronounced dead early Saturday morning.

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" is one chosen by law enforcement and only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. "Accident" in this context is also meant to be distinguishable from "intentional" which is when the driver purposefully causes the crash. 

While details about this crash are otherwise limited, based on the facts available it seems to be a case where the Illinois Vehicle Code would still provide protection for the cyclist. Section 11-1003.1 states:

“[E]very driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary . . . .”

The key component of Section 11-1003.1 of the Illinois Vehicle Code is the “due care” clause. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances." In other words, cutting off bicyclists, making left-hand turns in front of bicyclists, tailgating bicyclists, etc. are actions far from "due care." Motorists not only should give bicyclists respect, but they are required to give respect as it is what the legal notion of "due care" requires. The driver involved in this collision should have exercised all reasonable precautions to avoid crashing into Mr. Avitia and causing this horrendous result.

Our thoughts and prayers are with the victim of this crash as well as their family and friends.

The Duty of "Due Care" in the Chicago Municipal Code and Illinois Vehicle Code

The City of Chicago has garnered a great deal of attention for its efforts in making Chicago more friendly to cyclists. A large part of the city's efforts have been in enacting new laws designed to try and protect bicyclists. What is interesting is that one of the most explicit laws in Illinois is nearly forty years old. On August 12, 1981 Public Act 82-132 became law when it amended the Illinois Vehicle Code. It stated: 

Every driver of a vehicle shall exercise due care to avoid colliding with any person operating a bicycle or other device propelled by human power…and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.

Thirty years ago in 1990 the City of Chicago incorporated this language into its own specific Municipal Code and thus made the "duty of due care" the clear law in Illinois generally and the City of Chicago specifically. This law can be found in Section 11-1003.1 of the Illinois Motor vehicle Code and Section 9-40-160 of the Chicago Municipal Code.

This specific traffic law came to mind this week when considering the tragic death of Czeslaw Kosman. According to reports, Czeslaw Kosman was fatally struck by a motorist on Friday afternoon of October 23, 2020 in the Jefferson Park neighborhood of Chicago. The Cook County medical examiner’s autopsy report confirmed Mr. Kosman died of head injuries sustained in the fatal crash.

 

Witnesses relayed to responding officers that Mr. Kosman was riding his bicycle near the 6200 block of West Higgins Avenue in Chicago when he was struck by a westbound driver of a 2005 Nissan Pathfinder SUV. Eyewitnesses allegedly observed Mr. Kosman riding his bicycle in circles and veering into traffic. 

However, responding officers issued the motorist citations for failing to reduce speed to avoid the accident and for no insurance. Interestingly, this 40-year old law might have been the most precise allegation against the driver given the reports of the cyclist's riding in circles and engaging traffic. If the reports are accurate, these actions would clearly fall under any definition of a "confused" person's actions and the driver holds to duty to avoid a collision. 

 

Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances." In this case, the driver upon observing an apparently confused Mr. Kosman who was veering into traffic on his bicycle, failed to exercise due care by swerving to avoid or simply altogether stop and wait for the cyclist to clear the roadway. 

 

Unfortunately, this is now the eighth Chicago cyclist killed this year, which is notably the most since 2012.  This is another unfortunate fatality in Chicago, Illinois where a bicyclist lost his life. This incident reflects how the failure of a motorist to adhere to the rules of the road can lead to death. It is important for all users of the roadways to remember that bicyclists are vulnerable users of the roadway. 

Our thoughts and prayers are with the family and friends of Mr. Kosman. 

 

The "Dutch Reach" Becomes Part of Illinois Bicycle Laws

Illinois Department of Transportation data shows dooring crashes on the rise across the state. In 2015 alone there were more than 300 doorings reported. This number, which only represents those doorings that made it onto a police report, nonetheless represented a 50% increase from 2014. 

As part of an effort to fight the plague of doorings, the Illinois Secretary of State will now be required to include the "Dutch Reach" as a part of the Rules of the Road for Illinois motorists. The "Dutch Reach" is where a motorist opens the car door across their body with their right hand. This movement forces the the driver to turn their body and check over their left shoulder towards oncoming traffic. The goal of the "Dutch Reach" is to teach motorists to always check for bicyclists prior to opening their vehicle door into traffic and to prevent doorings. Keating Law Offices attorney Mike Keating was recently profiled in a CBS 2 Chicago story on the Dutch Reach.

Doorings Are Illegal

Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago prohibit opening a car door into traffic. Here's the Illinois dooring law:  

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

Bicyclists Have Equal Right to Illinois Roads

As clarified in the 2017 Illinois bike law known as "Dennis' Law," a bicycle is a vehicle under Illinois law and any reference to a "vehicle" or "traffic" includes a bicyclist. The trend of dooring has gotten worse. According to the available data from the Illinois Department of Transportation, doorings area plague to Chicago cyclists in particular. In 2015 there were 302 cases of doorings. There were 203 in 2014, 270 in 2013, 334 reported in 2012 and 336 in 2011, the first full year IDOT collected data on the number of doorings.

Teaching the "Dutch Reach" is an important step in making watching for bicycles at all times a common practice for all motorists. Just as every motorist is taught to "check their blind spot" when changing lanes, every motorist will be taught to look for bikes when exiting their vehicle. Each time, every time. And with that, we hope to see the number of doorings in Illinois decrease. 

New Illinois Traffic Law to Fight Distracted Driving Epidemic and Protect Bicyclists

Bicyclists are often referred to as "vulnerable users" of the roadways. Even the most experienced bicyclist on the most advanced bicycle is at a disadvantage if there is a crash with even the smallest motor vehicle driven by a non-attentive motorist. Sheer physics are blind and unfortunately do not take into account fairness when a collision occurs and what might be a fender bender on a car can lead to serious or even fatal injuries to the bicyclist. Bicyclists are even more vulnerable in Illinois due to the state's sheer number of citizens and its densely populated urban centers including the metropolis of Chicago. A new 2019 law is designed to combat distracted driving and help reduce crashes and protect bicyclists. 

New Illinois Law To Fight Distracted Driving

The original law in Illinois to fight distracted driving was tragically borne by the death of a downstate bicyclist who was struck and killed by a driver downloading a ringtone on her cellphone. According to the current law in Illinois, distracted driving only get a warning and zero fine the first time they are caught using their phone behind the wheel. 

Starting on July 1, 2019, Illinois drivers that pay more attention to their phones will face stiffer penalties for distracted driving. Any driver caught using a phone while driving (other than talking on the phone with a hands-free connection) will face a fine of $75 for a first offense, $100 for a second ticket, $125 for a third ticket and $150 for a fourth or subsequent ticket for distracted driving. 

Studies Confirm Threat of Distracted Driving

The American Automobile Association's (AAA) Foundation for Traffic Safety recently published a study regarding distracted driving. The study found that 88% of all drivers believe that distracted driving is a serious problem. Most alarming, the study from the AAA Foundation shows drivers talking on a cellphone are up to four times as likely to crash while those who text are up to eight times as likely to be involved in a crash. Data from the AAA study also showed: 

• The proportion of drivers who report talking on a cell phone regularly or fairly often when behind the wheel increased 46% in the last five years. 
• Nearly half (49%) of drivers report recently talking on a hand-held phone while driving.
• Nearly 35% of drivers have sent a text or email while driving. 
• Approximately 58% of drivers say talking on a cellphone behind the wheel is a very serious threat to their personal safety, while 78 percent believe that texting is a significant danger. 

Chicago, Illinois Bicycle Attorneys

Keating Law Offices' trial attorney Mike Keating has been a tireless advocate for cyclists' rights in Illinois. Mike is the author of "Dennis' Law" and worked with the Jurs family and legislators to pass the landmark law that solidified bicyclist's rights in Illinois. Mike also serves as a Chair of the Legislative Committee for the Illinois Trial Lawyers Association where he is a also a member of the Board of Governors. Nationally he is the Chair of the Bicycle Litigation Committee for the American Association for Justice, the nation's largest trial attorney organization fighting for the rights of the injured. 

New for 2018: Cycling Is The "Official" State Exercise Of The State of Illinois

Text of Public Act 100-0383 Designating Cycling as the official State Exercise of the State of Illinois

As of January 1, 2018, Cycling is the official State Exercise of the State of Illinois. This is an actual law in the State of Illinois under the "State Designations Act." This is also the most recent change in the past couple of years to Illinois laws related to bicycling. On January 1, 2017 "Dennis' Law" which went into effect and clarified that a bicycle was a "vehicle" under Illinois law and that bicyclists are absolutely entitled to all of the "rights" of a vehicle. Keating Law Offices represented Dennis Jurs' family in their civil case related to his fatal bike crash and worked with Illinois legislators on the passage of "Dennis' Law." On January 1, 2018 three new bicycle safety laws went into effect. These new laws allow bicyclists to legally use rear lights instead of reflectors, enhance protections under the law from passing vehicles, and allows bicyclists to ride on the shoulder.

This "official designation" does not provide any new protections or rights to bicyclists. However, this official designation does show the strong cycling culture that exists in Illinois and reflects the important role that cycling has playing in Illinois both historically and currently. The designation also serves as a point of reference that Illinois does place a priority and emphasis on bicycling when lobbying for further changes in the laws to protect bicyclists. And on a personal level for all of us bicyclists this official designation honors our passion and is a source of pride.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. The firm has a main location in Chicago's Loop near the courthouse and also on Milwaukee Avenue in the West Town community.

Bicyclist Killed In Crash With Van In Belvidere, Illinois

An Illinois bicyclist was killed Tuesday evening as a result of severe injuries sustained in a crash with a Dodge Ram van in Belvidere, Illinois. According to reports, 53-year old James Day of Belvidere suffered blunt trauma to the chest as the result of a bicycle accident at 6:40 p.m. in the evening on Squaw Prairie Road. Mr. Day was pronounced dead at OSF Saint Anthony Medical Center after he was transported from the scene of the crash via ambulance. Our thoughts and prayers are with Mr. Day's family and all those affected by this tragedy. 

The bicycle crash occurred approximately a half mile west of Poplar Grove Road on Squaw Prairie. Belvidere, Illinois is in Winnebago County just east of Rockford. The location of the crash is near Belvidere North High School and north of Belvidere's town center. 

The 3-Foot Rule Is An Illinois Bike Law Designed To Protect Bicyclists

Both the bicyclist and the driver of the van were proceeding westbound on Poplar Grove Road at the time of the crash. While no other details were provided, it is worth noting that Illinois law requires the operators of motor vehicles to provide at least 3-feet when passing a bicyclist while travelling in the same direction. The "three foot rule" is provided by Section 11-703 of the Illinois Vehicle Code. 

Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: (d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

New Illinois Bike Laws Designed To Provided Additional Legal Protection To Bicyclists

In addition, a new law that will go into effect in 2018 is designed to provide additional protections to bicyclists that may face passing vehicles. Illinois Public Act 100-0359 which was signed into law last month gives bicyclists added protection in No Passing Zones and allows bicyclists to legally ride on the shoulder. 

The new bike law amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 
Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

The new law also provides that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

New Illinois Bicycle Laws Further Help Protect Bicyclists

Illinois Public Act 100-0359

On August 25, 2017, House Bill 1784 was signed into law as Illinois Public Act 100-0359. This new legislation, which was successfully advocated by Ride Illinois, further advances the rights of bicyclists and the role of bicycles in a modern transportation scheme in Illinois. This was a particularly impressive result by Ride Illinois in that the bill received a unanimous "Yes" vote from every voting member of the House and Senate and was signed into law by the Governor. The new law makes the several changes in Illinois bicycle laws within the Illinois Vehicle Code

Providing Bicyclists Enhanced Safety In No Passing Zones

Amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 

Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

Allowing Bicyclists To Legally Ride On The Shoulder 

The new changes also provide that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Clarifies That Rear Red Lights May Be Used Instead Of Reflector 

There was what was probably an unintentional error in the prior version of Section 11-1507, "Lights And Other Equipment On Bicycles," that a rear red reflector was required in all situations. Under the prior law, a rear red light could only be used in addition to the rear reflector. A red light on its own, no matter how bright, was technically not sufficient but a lone red reflector could be. This obviously made no sense practically. Going forward, Illinois bicyclists will be able to "ride legal" with a rear red light without having to also have a reflector. It is the experience of most bicyclists that a rear red light, especially modern LED lights, makes the rider much more visible than just a reflector. 

It is important that we recognize our elected officials in the House and Senate who chose to act as sponsors for this legislation. 


House Sponsors: Rep. Tim Butler, Anna Moeller, Thomas Morrison, Frances Ann Hurley and Dave Severin


Senate Sponsors: Sen. Heather A. Steans - Ira I. Silverstein, Dale Fowler, Jim Oberweis and Cristina Castro


The "heavy lifting" of Ride Illinois in successfully advocating for all Illinois bicyclists cannot be overstated. This legislation is an important part of continually advancing the rights of Illinois bicyclists and advocating for safe bicycling in Illinois. These changes will increase the safety for Illinois bicyclists and reduce the risk of injuries and deaths from bicycle accidents and crashes. Please click here for more information on Ride Illinois and supporting the organization's important legislative and advocacy efforts. 

Bicycle Law Attorney Michael S. Keating

Attorney Mike Keating has extensive legislative experience and a history of fighting for the rights of bicyclists in Illinois. In 2016, he helped draft "Dennis' Law," the landmark legislation that clarified Illinois law to mandate that bicyclists receive the same rights to the "right-of-way" as drivers of motor vehicles and that bicycles were "vehicles." Mike Keating is one of the Chairs of the Legislative Committee for the Illinois Trial Lawyers Association where he reviews all legislation that might affect the rights of those injured in a bicycle crash. In addition, he is the Chair of the Bicycle Litigation Group for the American Association for Justice, the nation's largest trial lawyers organization. Mike previously served as the Assistant Counsel to the Illinois House of Representatives. 

Keating Law Offices

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has recovered millions of dollars on behalf of hundreds of Illinois bicyclists who were injured through no fault of their own while bicycling. The firm is nationally recognized as leaders in bicycle litigation. 

Caledonia, Illinois Bicyclist Killed in Crash with Pick-Up Truck Operated by a 16-year Old Driver

A Caledonia, Illinois woman lost her life when she was struck by a pickup truck while riding her bicycle earlier this week. Deborah Wright, 49 years old, was riding her bicycle eastbound on Harlem Road near Keeneland Place, in the far right side of the lane, when a 16-year old pickup driver struck her. Mrs. Wright was making her way to Rock Cut State Park, a trail that she biked to three to four times each week, according to her husband. The teen driver has not been charged or ticketed regarding this collision as of yet; however, the accident remains under investigation. Mrs. Wright was married with a husband and three daughters. Our sincere prayers and thoughts are with the Wright family.

As of January 1^st of this year, “Dennis’ Law” went into effect, which provides ALL bicyclists with greater protection under Illinois traffic laws. Keating Law Offices attorney Mike Keating represented the Jurs family in their wrongful death lawsuit and was instrumental in the passing of the legislation. Dennis’ Law makes it clear that bicycles are considered vehicles, which means that all traffic laws using the term “vehicle(s),” apply to bicycles as well. One of the most important aspects of this new law is the clarification that motor vehicles and bicycles receive the same rights on the road in right-of-way situations. A very common collision scenario involves motor vehicles that collide with bicyclists at intersections because they do not yield to the bicyclists right-of-way, even though they should. Therefore, this law will help make the roads safer for bicyclists, in addition to holding motor vehicle drivers accountable for failing to yield to bicyclists who have the right-of-way. 

Illinois has an average of 20-30 bicyclist deaths per year, so Dennis’ Law is an important and positive step toward improving protection offered to bicyclists. Another example of a law that helps to protect bicyclists is Section 11-1003.1 of the Illinois Vehicle Code. This section provides, in part, that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle.” The broad intent of this law is to recognize that bicyclists are vulnerable users of the roadway and are at great risk if involved in a collision. 

Bike Attorney Gives Presentation on Bike Law to Bicycle Club

Attorney Michael Keating of Keating Law Offices recently gave a presentation to Oak Lawn-based bicycle club, the "Bike Psychos," at the Oak Lawn Library. The presentation was focused on the current state of Illinois bicycle laws and the current state of bicycling in the Chicagoland area. The event included an extended question and answer session and a lively discussion of the issues facing bicyclists in Illinois.

The Bike Psychos are a well known cycling club in the southwest suburbs who put on a popular century ride every summer. For more information of the cycling club and their events, you can visit their website at http://www.bikepsychos.net/.

The Illinois Bicycle Lawyers at Keating Law Offices regularly give presentations to local bicycle groups, students, and racing teams. If you would like to have on the attorneys give a presentation to your group on Illinois bicycle law, please contact the firm at info@keatinglegal.com or call the firm at 312-239-6787.

Attorney Michael Keating Appears On WGN News To Discuss Dennis's Law And Illinois Bicycle Laws

Attorney Michael Keating of Keating Law Offices discussed the recent change to Illinois bicycle laws with the signing of "Dennis's Law." He appeared live on WGN Morning News in a segment to discuss why this bicycle law is important to all Illinois bicyclists. 

On August 12, 2015 Illinois Governor Bruce Rauner signed into law House Bill 5912 that clarifies that bicycles are “vehicles” under the Illinois Vehicle Code and that motorists must provide the right-of-way to bicyclists in the same manner as motor vehicles. The is known as “Dennis’s Law” after Illinois bicyclist Dennis Jurs who was killed in a collision with a motor vehicle on May 18, 2015 in Hampshire, Illinois. 

"Dennis's Law" was also the subject of news articles by WTTW, the Chicagoist and the Chicago Daily Law Bulletin in which Michael Keating was interviewed regarding the new law and his role in drafting the legislation. 

Bike Attorney Mike Keating Attends Illinois Bike Summit

Keating Law Offices attorney Mike Keating attended the 4th Annual Illinois Bike Summit on October 28, 2015 in Champaign-Urbana. The Illinois Bike Summit is presented by the League of Illinois Bicyclists which announced at the summit that it is changing its name to "Bike Illinois."

The Illinois Bike Summit

The Illinois Bike Summit brought together 300 bike advocates, engineers, politicians and community members to meet on various topics regarding bicycling in Illinois. The Daily Illini wrote an excellent recap that you can find by clicking here.

Attorney Mike Keating said the following about the event, "The Illinois Bike Summit is an important part of bicycle advocacy in Illinois. Taking the time for bicycle supporters from different areas to come together and focus specifically on how to make bicycling better and safer is critically important." 

Illinois Bicycle Lawyers At Keating Law Offices

In addition to being one of the nation's leading bicycle attorneys, Mike Keating has a long background in Illinois politics and community organizing. He is the former staff attorney for the Illinois House of Representatives committees on State Government and Civil Law, the area that encompasses personal injury and wrongful death cases. Mike has previously been a delegate to the Democratic National Convention and has worked on numerous political campaigns. Mike now devotes his practice to the representation of injured bicyclists and their families. As a part of that dedication, Mike is proud of his ability to use the political skills and contact gained during his legal career.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois.

If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Chicago Bicyclist Walking Bike Across Western Ave. Killed In Fatal Collision With SUV

News outlets are reporting that a 53-year old man was killed late Saturday night while attempting to walk his bicycle across Western at its intersection with Congress. As the man was walking his bicycle across Western, he was struck by a 2014 Kia SUV that was traveling southbound on Western Avenue. The driver of the SUV was ticketed for failure to reduce speed to avoid an accident. 

According to the NBC report, witnesses saw the bicyclist trying to cross the street at the same time as the SUV's driver attempted to swerve around the bicyclist in order to pass the bicyclist. However, the driver of the SUV could not avoid the bicyclist and the tragic collision occurred.

Given the fact that the Chicago Police Department cited the driver for failure to reduce speed, it is a reasonable question to consider the speed of the driver as he approached Congress heading southbound on Western Avenue.  Illinois law also requires all motorists to provide at least three feet of room when passing a bicyclist. Section 11-601 of the Illinois Vehicle Code requires all motorists to reduce speed as they approach an intersection.In addition, Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. The precise language of the statute as it applies to this bicycle accident is as follows: 

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary. 

This is another tragic fatality in the month of July in Illinois where a bicyclist lost his life. Earlier this month, Jose Gomez of Des Plaines was killed in a collision with a motor vehicle operated by a United Airlines employee who fled the scene. Jarod Kyle Shumaker of Olive Branch, Illinois was killed when a vehicle did not provide the required 3-Feet of room when passing and clipped the bicyclist sending him into traffic. Jack Henderson of Waukegan was also killed in a hit-and-run. 

Each of these tragic instances reflect how the failure of a motorist to adhere to the rules of the road can lead to death. It is important for all users of the roadways to remember that bicyclists are vulnerable users of the roadway. 

Our thoughts and prayers are with the family and friends of all of these victims. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Police Seek Help In Finding Vehicle Involved in Hit-and-Run in Waukegan

 

Waukegan Police are asking for the public's help in locating a two-door green sedan that was involved in a fatal hit-and-run in Waukegan on Tuesday morning. The fatal bicycle accident took place at Washington Street and Martin Avenue in Waukegan around 8 a.m. in the morning.

The offender was caught on nearby security camera footage wearing a red jacket and fled eastbound on Washington Street. 54-year old Jack Henderson of Waukegan was killed in the fatal collision. Mr. Henderson was taken to Vista Medical Center after the collision where he was pronounced. The police are also asking for help in locating any next of kin to Mr. Henderson. Anyone with any information should contact the Waukegan Police at 312-599-2631.

This is another tragic example of a bicyclist who was not only a victim as a vulnerable user of the roadway, but left by the offender. Illinois law requires that any motorist who is involved in a collision involving personal injury or death to not only stay at the scene, but to take reasonable measures to assist the victim in obtaining medical assistance.

Illinois Bicyclist Killed In Alexander County - Driver Charged With Violation of the 3-Foot Rule

Illinois bicyclist Jarod Kyle Shumaker of Olive Branch, Illinois was killed Sunday night while on a bike ride on Route 3 in Alexander County. According to news reports, Shumaker was riding his bicycle northbound on Route 3 along the right side of the road when the driver of a Buick Century attempted to pass Shumaker. The driver of the Buick struck Shumaker with the passenger side mirror. This impact caused Shumaker to lose control and end in the path of a following Toyota Corolla that was driven behind the Buick. Shumaker was fatally injured in the collision with the Corolla after the initial collision with the Buick.

Illinois law requires motorists to provide at least three feet of room between their vehicle and a bicycle when passing the bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This law states:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

The driver of the Buick was cited by the police for improper overtaking of a bicyclist. There are no other reports of any additional charges at this time. Tragically, the "3-Foot Rule" law exists to attempt to stop this very kind of collision that resulted in the death of Jarod Shumaker. Our thoughts and prayers are with the family and friends of Jarod Shumaker.

Below is an infographic from the Illinois bicycle attorneys at Keating Law Offices that outlines Illinois' bicycle law known as the "3-Foot Rule."